Federal Legislative Issues Update - Sept 2004
September 2004
Fulfill Your Civic Occupation - Register to Vote!
Deadlines for voter registration are nearing and vary by state. Go to the AOTA Legislative Action Center, click on the "Elections & Candidates" and then click on "Register to Vote." Then click on the state in which you would like to register. Most states have deadlines around October 2 for the November 2 federal election. Students and young adults should make an extra effort to register as policies decided today will affect you for years to come. Remember, every vote really does count! In one Congressional election in 2002, just 4 votes per voting area made the difference. In the 2000 Presidential race, a few votes swung states from one candidate to another. Enjoy your freedoms and rights! Vote!
Highlights in Washington
Most Washington highlights during the month of September have consisted of AOTA staff attending fundraisers for Senators, Members of Congress and "first time" candidates. This is the candidates and incumbents last attempt to hold events in Washington-and raise campaign funds-before heading off to their districts before elections on November 2. Congress is expected to adjourn in the beginning of October, leaving little time for any legislative business. With no set agenda, many expect last minute business to be finished during a lame duck session after the elections and before the next Congress. However, political activity in an election year is as unpredictable as a hurricane: you don't know what will happen until just before it happens!
Check out the August legislative issues update at http://capwiz.com/aota/issues/alert/?alertid=6245196&type=CU to find out ways you can promote OT during an election year.
Early September wrapped up an exciting time for Republicans and Democrats. All political junkies can check out AOTA's coverage of the 2004 Conventions at http://www.aota.org/nonmembers/area1/links/link295.asp. See the special photo where an AOTA employee is not fired by Donald Trump!
Title VII and Title VIII Funding
On September 15, the Senate Appropriations Committee approved its FY 2005 Labor-HHS-Education spending bill (S. 2810, S. Rpt. 108-345). The bill called for additional funding for the Title VII health professionals education programs above what is included in the appropriations bill passed by the House last week. The Senate bill provides $465 million for Title VII and VIII health professions, which includes $303 million for Title VII programs, an increase of $9.3 million compared to FY 2004, and $34 million more than in the House bill.
The Senate Committee also approved $28.9 billion in funding for the National Institutes of Health, an increase of $1.1 billion over the current year and $373 million more than the House-passed bill and the President's budget request.
Many occupational therapy university and college programs have grants from both of these programs supporting critical research and training.
AOTA and the Health Professionals and Nursing Education Coalition (HPNEC) have written letters to key legislators to support the adoption of the Senate Committee's approved levels of funding in the final FY 2005 appropriations bill. With no votes scheduled on the Senate floor for Labor-HHS-Education appropriations, rolling all appropriations into a large omnibus appropriations bill is the likely scenario. The big question will be whether this happens before the elections, afterwards in a "lame duck" session, or next year when the 109th Congress-the "healthy" duck-is seated.
Individuals With Disabilities Education Act (IDEA) Reauthorization
In a surprise move, the Senate has agreed to go to conference with the House on IDEA. Lingering concerns about how election year politics might affect key issues like discipline stalled an agreement to work out differences between the House and Senate. (See July update for more details.) Although conferees are being appointed, there had been no word, as of press time, about when (or if) conference will occur. AOTAs will work with conferees to ensure its issues are adequately addressed favorably in the Conference. Stay tuned to the Legislative Action Center for more information as it becomes available.
Education Funding
The House has approved its proposed education funding amounts for fiscal year 2005. The full Senate still has to vote on the Senate Appropriations Committee's recommendation. The House approved $57.68 billion for elementary education programs ($.34 billion over the President's recommendations) and $11.07 billion for Part B of IDEA, or $1 billion more than FY 04. The Senate Committee approved $58.85 billion ($1.51 billion over the President's levels) and $11.23 billion for Part B. The Senate added new money ($20 million) for states to work on assessments for students with disabilities and students with limited English proficiency under No Child Left Behind (NCLB). Other IDEA programs would receive increases in the Senate bill, including $12.3 million for preschool grants, and $2 million for personnel prep. Part C is level funded from last year's levels.
Senate Democrats Introduce Bill for Fix to No Child Left Behind
On September 13, Senate Democrats, led by Edward Kennedy (D-MA), introduced the No Child Left Behind Improvement Act (S. 2794). The bill would not make any fundamental changes to the No Child Left Behind Act (NCLB), but is intended to help improve implementation of NCLB and provide additional resources for states and school districts to do so. No action is expected on the bill this year; however, Congress is expected to address these and other NCLB issues after January 2005.
Congress Passes Youth Suicide Prevention Legislation
Despite their crowded calendar, lawmakers this month found time to approve important legislation to reduce suicide among young people. On September 9, the House passed the Garrett Lee Smith Memorial Act (S. 2634) on a vote of 352-64. The Senate, which passed the bill by unanimous consent in July, acted quickly to embrace House changes and has sent the bill to President Bush to be signed into law. Previous Updates have discussed this issue and the role occupational therapy can play in helping to address it. Federal Affairs staff will work with the appropriate agencies to determine opportunities for occupational therapists to be involved in these activities.
The Garrett Lee Smith Memorial Act combines The Campus Care and Counseling Act (S. 2215) and The Youth Suicide, Early Intervention and Prevention Expansion Act (S. 2175). It authorizes $82 million for 3-year grants to help states, tribes, and colleges and universities fund the development and expansion of early intervention and prevention strategies to provide coordinated and appropriate mental health services to children and young adults. The bipartisan legislation also encourages better data sharing and dissemination of research on the most effective ways to reduce youth suicide.
Suicide is the third leading cause of death among Americans ages 10 to 24, according to the Centers for Disease Control. The legislation, sponsored by Senators Christopher Dodd (D-CT) and Mike DeWine (R-OH) and Representative Bart Gordon (R-TN), is named in remembrance of Garrett Smith. Smith, who committed suicide last year two days before his 23rd birthday, was the son of Senator Gordon Smith (R-OR).
Medicare "75%" Rule on Inpatient Hospitals
As reported in the July legislative update, the Centers for Medicare and Medicaid Services (CMS) issued a final rule that would require rehabilitation hospitals to change their patient mix to reflect outdated disability and disease categories first set in 1984. The so-called "75% rule" was addressed in the House Appropriations Committee July 14 and more recently in the Senate Appropriations Committee September 15. Both Committees included a provision prohibiting CMS from implementing the 75% rule, which would deny placement of many patients who could benefit from rehabilitation hospital services. Senate Committee report language directs the Secretary of Health and Human Services to contract with the Institute of Medicine to study and make recommendations on a clinical consensus on how to "modernize the Medicare criteria used to distinguish an inpatient rehabilitation facility from an acute care hospital and other providers of intensive medical rehabilitation, and the appropriate medical necessity criteria for determining clinical appropriateness of inpatient rehabilitation admissions." The report is due no later than October 1, 2005.
In achieving the inclusion of this important language in the appropriations bills, AOTA's Federal Affairs and Reimbursement and Regulatory Policy Groups have been working with several organizations including the American Medical Rehabilitation Providers Association, the American Hospital Association, the American Academy of Physical Medicine and Rehabilitation, and others. In addition, all of the groups are providing comments to CMS to correct problems with inpatient rehabilitation hospitals payment system. Use the Legislative Action Center at
http://capwiz.com/aota/home/ to write your Member of Congress on the importance of this issue.
Kaiser Family Foundation Speaks With CMS Administrator, Dr. Mark McClellan
On Wednesday, September 29, Dr. Mark McClellan, the physician/economist who heads the CMS, speaks with the Kaiser Family Foundation's Jackie Judd about the challenges ahead in federal health policy, including the implementation of the new Medicare drug benefit, rising health care costs, and recent increases in the number of Americans who are uninsured.
AOTPAC
AOTPAC participated in the 2004 National Party Conventions on behalf of occupational therapy. Coverage of both conventions was published in the AOTA 1-Minute Update and on the AOTA Web site. AOTPAC and AOTA cohosted opening receptions along with other health care groups at both conventions. Special thanks to the AOTA members who participated in activities at the conventions:
Carolyn Baum, AOTA President; Mary Malone, president of the Massachusetts Association for Occupational Therapy (MAOT); Dina Hubacz, MAOT Regulatory Chair; Karen Jacobs, former AOTA President and new member of the AOTPAC Board of Directors; and Debee Slater, AOTA staff in Massachusetts, who attended the Democratic Convention in Boston.
Paul Fontana, AOTPAC Chairperson; Izel Obermeyer, Vice President of the New York Occupational Therapy Association; Ann Burkhardt, member of the AOTA Board of Directors; occupational therapist Jeff Tomlinson, from White Plains, NY; occupational therapist Cynthia Richardson, from Bronx, NY; and Linda Savino, past AOTPAC board member and occupational therapist from Holmdel, New Jersey, who attended the Republican Convention.
AOTPAC board members are currently scheduled to participate in the following state association conferences this fall: South Dakota, Oklahoma, Nevada, Tennessee, Illinois, Massachusetts, New Jersey, and Texas.
Update on the Association of Student Delegates' Student Challenge to Raise Funds for AOTPAC:
Recently, AOTPAC received funds from student groups at Touro College in New York and the University of St. Augustine in Florida. Special thanks to these groups for their efforts on behalf of occupational therapy.
Patrick Bloom, President of Illinois OT Association, attended a special event for Representative Dennis Hastert with special guest Vice President Dick Cheney in Illinois this month. He attended as a representative of AOTPAC.
AOTPAC also responded to the suggestions for good candidates provided by our members Lisette Kautzmann, EdD, OTR, wrote AOTPAC about Representative Ben Chandler (D-KY). Kautzmann had worked with him several years ago when he was state auditor and was impressed with him. Representative Chandler had also been attorney general in Kentucky and so is familiar with licensure and scope of practice issues in health care. As a result, AOTPAC Board members considered the recommendation and Representative Chandler is now supported by AOTPAC. If
you know a candidate to recommend to AOTPAC or if you want to attend events for candidates in your local area, contact
aotpac@aota.org. Support of candidates continues, especially with the general election less than 35 days away.
AOTPAC fundraising efforts continue to grow at a great rate with a record 13% of AOTA members making contributions this calendar year. Thank you for supporting your profession! Watch your e-mail for a special announcement about our Dollar A Day Program to begin January 1, 2005, with a special "sale" this year of a dollar a day for the remaining 99 days of the year! AOTPAC is also working on more opportunities for contributors to attend events in Washington. Contribute to AOTPAC today!
Do you have a grassroots advocacy story to tell? Do you know or have a connection to your Senators or Representatives? Contact AOTA's Federal Affairs Department and share your experience! E-mail: fad@aota.org, mail: PO Box 31220, Bethesda, MD20824-1220 , phone: 800-729-2682, or fax: 301-652-7711.
Last Update: 09/23/04